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DEPT. OF HEALTH & WELFARE v. MCCORMICK

No. 38694.

283 P.3d 785 (2012)

In the Matter of the Estate of George D. Perry. IDAHO DEPARTMENT OF HEALTH & WELFARE, Petitioner-Appellant, v. Barbara K. McCORMICK, Personal Representative of the Estate of George D. PERRY, Respondent.

Supreme Court of Idaho, Boise, June 2012 Term.

August 9, 2012.

Attorney(s) appearing for the Case

Honorable Lawrence G. Wasden , Attorney General, Boise, for appellant. Corey Cartwright argued.

Sisson & Sisson, Boise, for respondent. Peter Sisson argued.

J. JONES, Justice.

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple's home — their only significant asset — to recoup Medicaid benefits paid to Martha during her lifetime. The magistrate court disallowed...

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